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FTC Rule Banning Non-Competes Held to Be Unlawful Agency Action and Set Aside

By Anthony Ashley on August 21, 2024
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Judge Ada E. Brown of the Northern District of Texas this afternoon granted summary judgment in favor of Ryan, LLC and the plaintiff-intervenors in the case of Ryan, LLC v. Federal Trade Commission challenging the FTC’s ban on post-employment non-competes (“Non-Compete Rule”). Judge Brown concluded that the FTC lacked statutory authority to promulgate the Non-Compete Rule, and that the Non-Compete Rule is arbitrary and capricious. Accordingly, Judge Brown set aside the Non‑Compete Rule and ordered that it will not be enforceable or take effect on its original effective date of September 4, 2024 or thereafter.

Photo of Anthony Ashley Anthony Ashley

Anthony J. Ashley is a Shareholder and Chair of the Litigation practice area based in Chicago.

Mr. Ashley has been serving clients for over 30 years with a global, complex commercial litigation and employment law practice, which includes counseling and litigating in geographically…

Anthony J. Ashley is a Shareholder and Chair of the Litigation practice area based in Chicago.

Mr. Ashley has been serving clients for over 30 years with a global, complex commercial litigation and employment law practice, which includes counseling and litigating in geographically diverse U.S. federal and state courts, international courts and tribunals, and arbitration forums. He has also served for the past 15 years as outside general counsel to multiple organizations that range in size and industry.

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  • Posted in:
    Employment & Labor
  • Blog:
    Federal Regulatory & Enforcement Insider
  • Organization:
    Vedder Price PC
  • Article: View Original Source

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